Blumenthal sues CVS for selling outdated medicine, food

By Ken Dixon, STAFF WRITER

Published
1:00 am EST, Tuesday, December 1, 2009

HARTFORD -- Attorney General Richard Blumenthal has filed a lawsuit against the Rhode Island-based CVS Pharmacy Inc. after investigators found more than 20 stores in Connecticut -- including one in Danbury -- selling expired food and non-prescription drugs.

Two stores in Bridgeport and one each in Ridgefield, Fairfield, Orange and Westport are also involved in the case, in which some products were still on store shelves six months or more after their expiration dates.

Both the Danbury store, at 303 White St., and the Ridgefield store, at 467 Main St., were found to be selling expired products during inspections in August 2008 and in June of this year, Blumenthal said.

Employees at both stores on Monday referred all questions to corporate officials.

During a morning news conference in his office Monday, Blumenthal said there is no evidence the giant retailer has sold expired prescription drugs, but the probe is continuing.

Blumenthal said the year-long investigation of 40 CVS stores that started in the summer of 2008 indicates a disturbing trend: The chain has been selling about twice as many expired items this year compared to last year.

The products range from milk to baby formula and cold remedies and allergy medicine.

"Doubling the rate shows the problem of out-of-date products is worsening at these stores," Blumenthal said, adding that baby formula, in particular, loses important benefits over time.

He said while there is no direct evidence of consumers suffering from expired products, there could have been adverse effects.

"Very few people would know that the medicine is the cause of harm because doctors do not generally ask, `Did you check the expiration dates on the medicine?' " Blumenthal said.

"Failing to remove these products from shelves means that CVS violated a basic trust to consumers," he said. "Business ethics and law require out-of-date products be removed from shelves immediately so that consumers are not unwittingly duped into buying them when they may actually be more harmful than helpful."

In a statement from its corporate headquarters, Joanne Dwyer, manager of public relations for CVS Caremark, said the company had just become aware of the allegations.

"The health and safety of our customers is our top priority, and CVS Pharmacy has a clear product removal policy in place at all of its stores to help ensure that items are removed from store shelves before they reach their expiration dates," Dwyer said in a statement.

"Any unintentional deviations from this policy that are brought to the company's attention are quickly rectified for customers. The company is fully committed to maintaining inventory management practices to prevent expired products from being sold to customers."

But Blumenthal's case, filed last week in state Superior Court in Hartford, alleges willful violation of state law on deceptive and unfair business practices. Each violation could bring a $5,000 civil penalty. Blumenthal said fines could range into hundreds of thousands of dollars.

Complaints can be filed with the unit by calling 860-808-5400.

"There was no secret about this problem existing, and they betrayed their trust to consumers," Blumenthal said.

"Whether the motive here was simply that the stores were careless or heedless or overzealous for profits makes no difference," Blumenthal said. "The mistakes may have been negligent but nonetheless reprehensible."

He said routine inventory computerization would have indicated expiration dates. "We don't know precisely what the motive was, but certainly overzealous profit-seeking seems to be a very plausible explanation at this point, probably more likely than simple carelessness or heedlessness," Blumenthal said, adding that the federal Food and Drug Administration is in charge of ensuring the safety of prescription medications.

"Certainly consumers should be asking and checking" on the expiration dates of prescriptions that are prepared behind the counter, Blumenthal said. "If they are misrepresenting the dates or terms of sale, we believe there may well be authority for us to investigate."

He called on consumers to be wary and look carefully for expiration dates at all stores where they shop. Blumenthal indicated other chain stores are also being scrutinized by his office's consumer unit.